The timing of lawmaking / edited by Frank Fagan, Associate Professor of Law, EDHEC Business School, France ; Saul Levmore, William B. Graham Distinguished Service Professor of Law, University of Chicago Law school, USA.
2017
K579.T5 T564 2017 (Map It)
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Details
Title
The timing of lawmaking / edited by Frank Fagan, Associate Professor of Law, EDHEC Business School, France ; Saul Levmore, William B. Graham Distinguished Service Professor of Law, University of Chicago Law school, USA.
Published
Cheltenham, UK : Edward Elgar Publishing, [2017]
Call Number
K579.T5 T564 2017
ISBN
9781785364327 (hardback)
1785364324 (hardback)
1785364324 (hardback)
Description
viii, 362 pages ; 25 cm
System Control No.
(OCoLC)964380318
Summary
"Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This ... study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, [this book] goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This ... resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
List of contributors
vii
Introduction / Eric A. Posner
1
pt. I
TIMING DEVICES
1.
Legal cycles and stabilization rules / Frank Fagan
11
2.
Legislating crisis / David Kamin
34
3.
More it Changes, the More it Stays the Same? Automatic Indexing and Current Policy / Daniel Shaviro
64
4.
Racing the clock: Deadlines, conflict, and negotiation in lawmaking / Daniel A. Farber
87
5.
Playing for constitutional time: Interim constitutions and transitional provisions / Eric Alston
110
6.
Legislative sunrises: Transitions, veiled commitments, and carbon taxes / Saul Levmore
130
pt. II
LAW'S ARCHITECTURE
7.
Timing of consent / Jeannie Suk
149
8.
Interest groups and the durability of law / Saul Levmore
171
9.
Self-executing statutes in the administrative state / Adam M. Samaha
195
10.
Intellectual property and legislative innovation / Saul Levmore
227
pt. III
TIME IN JUDGING
11.
Janus-faced law: A philosophical debate / Martha C. Nussbaum
249
12.
Renovating the efficiency of common law hypothesis / Frank Fagan
280
13.
Delaying declarations of constitutional invalidity / Anthony Niblett
299
14.
sins of their fathers: Illegitimacy in Japan and surrogate punishment across generations / J. Mark Ramseyer
322
Index
347